Remuneration and Public Holidays: What Are the Laws and Rules in Quebec?

However, there are a multitude of exceptions or conditions for determining the amount of compensation. If you need help untangling all the rules, this article is for you.

In this article, you will find:

• The list of public holidays in Quebec
• The list of public holidays in Canada
• The rules for public holiday compensation, including the difference between part-time and full-time employees
• The formula for calculating compensation
• Examples of how compensation is calculated
• Answers to your questions about exceptional situations

List of statutory holidays in Quebec

To ensure you meet your obligations and effectively plan your workforce, remember to update your schedule planner with all current statutory holidays.

In Quebec, paid public holidays include:

• January 1 (New Year’s Day)
• Good Friday or Easter Monday (employer’s choice)
• The Monday before May 25 (National Patriots’ Day)
• June 24 (Quebec National Holiday)
• July 1, or July 2 if the 1st is a Sunday (Canada Day)
• 1st Monday in September (Labour Day)
• 2nd Monday in October (Thanksgiving)
• December 25 (Christmas)

In Quebec, certain public holidays do not have to be paid, such as Remembrance Day (November 11) and the National Day for Truth and Reconciliation (September 30), are not required to be paid. However, employees covered by the Canada Labour Code must receive payment for these holidays.

Quebec’s national holiday (Saint-Jean-Baptiste Day): special rules

The national holiday applies to all workers, with one exception: federal employees working in Quebec may be entitled to paid time off, but this depends on their collective agreement or employment contract.

The day off must be postponed to June 25 if the 24th falls on a Sunday. However, this rule does not apply to individuals who typically work on Sundays; in such cases, the holiday remains on June 24.

Similar to other public holidays, a June 24 leave cannot be taken within 3 weeks before or after the holiday. Instead, it must be scheduled for the working day immediately before or after June 24 if it falls on a non-working day.

If June 24 is a working day, you must offer compensation.

Other holidays in Canada

Quebec employees who work for a federally regulated employer are entitled to a paid day off on the following 10 statutory holidays:

• January 1 (New Year’s Day)
• Good Friday
• Victoria Day
• Canada Day (July 1)
• Labour Day (first Monday in September)
• National Day of Truth and Reconciliation (September 30)
• Thanksgiving Day (2nd Monday in October)
• Remembrance Day (November 11)
• Christmas Day (December 25)
• Boxing Day (December 26)

Certain holidays are specific to residents of particular provinces only, including:

• Family Day (3rd Monday in February): Alberta, British Columbia, Manitoba, New Brunswick, Ontario, and Saskatchewan.
• Islander Day (3rd Monday in February): Prince Edward Island.
• Heritage Day (3rd Monday in February): Nova Scotia, Yukon.
• Louis Riel Day (3rd Monday in February): Manitoba.
• St. Patrick’s Day (March 17): Newfoundland and Labrador.
• National Indigenous Peoples Day (June 21): Northwest Territories.
• Discovery Day (Monday closest to June 24): Newfoundland and Labrador.
• Nunavut Day (July 9): Nunavut.
• Civic Holiday (first Monday in August): Alberta, British Columbia, New Brunswick, Nunavut, Ontario, Saskatchewan.
• Discovery Day (3rd Monday in August): Yukon.

💡 If you manage locations in several provinces, make sure you comply with the local laws. To do this, you can create different public holidays for each of your locations in your scheduling software and assign them to those concerned.

Statutory holiday pay: how does it work?

As an employer, you must compensate your employees for public holidays, whether or not they work on them.

The amount of compensation must be equivalent to 1/20 of the wages earned during the 4 full pay weeks preceding the holiday. You must take employee tips, but not overtime, into account in this calculation.

If your employees are not working

Your employees are entitled to paid leave on a public holiday. The compensation amount corresponds to 1/20 of the salary earned during the last 4 weeks of work.

If your employees work on a public holiday

In this scenario, you have two options. You can provide employees with a cash payment equivalent to their entitlement. Alternatively, you can offer them a substitute day off to be taken within 3 weeks before or after the holiday (excluding June 24). The compensation for this substitute day off should match the amount mentioned earlier.

You are obligated to compensate employees for a public holiday, even if it falls on a day when the employee does not typically work. For instance, if an employee at your coffee shop never works on Mondays, they should still receive holiday pay for holidays that occur on that day.

If your employees are on vacation during the holiday

You must also adhere to these rules and provide employees with paid leave or compensate them accordingly. Paid public holidays are separate from and do not count toward their annual leave entitlement.

If your employees are unionized or have a collective agreement

If your employees are unionized and covered by a collective agreement, you must adhere to the rules outlined in their employment contract. These rules may differ from what is mandated by the law. However, it’s important to note that the collective agreement cannot stipulate conditions that are less favorable than those provided by the law.

If you have interns

The Labour Standards Law regarding public holidays does not extend to individuals engaged in paid or unpaid internships within a company. Nevertheless, it is considered best practice to provide interns with the same working conditions as regular employees. This approach not only distinguishes your organization from competitors but also enhances your company’s reputation positively.

💡 Publish your company’s holiday pay policy on the newsfeed of your personnel management software. This ensures that your employees understand their rights.

Full-time and part-time employment

Full-time employees are entitled to payment for public holidays on par with part-time employees. The amount of the indemnity corresponds to a full day’s work for a full-time employee. For part-time employees, however, the amount is lower, equivalent to 1/20 of the salary earned during the last 4 weeks of work.

For employees compensated wholly or partially by commission, the indemnity differs. It equals 1/60 of the salary earned in the 12 weeks preceding the week of leave.

A case of exception

There is only one exception that allows employers not to pay employees on a public holiday.

If an employee is absent without a valid reason and without authorization either before or after the holiday, the employer is not obligated to provide holiday pay. This rule applies equally to both full-time and part-time employees.

How much compensation should your employees receive on a statutory holiday?

You can use the following formula to calculate the compensation you must pay to your employees, whether they are part-time or full-time:

Total wages earned in the 4 full work weeks preceding the holiday (excluding overtime wages) ÷ 20 = compensation payable

If your employees are paid in whole or in part by commission, use the following formula instead:

Total wages earned in the 4 full work weeks preceding the holiday (excluding overtime wages) ÷ 60 = compensation payable

To make your calculations easier, refer to your employees’ timesheets.

💡 By using time management software, these calculations can be automated directly into employees’ timesheets, saving you a huge amount of time in manual calculations and avoiding errors.

Examples of holiday pay calculations

Example of a full-time employee

A care assistant in a retirement home (RPA) works 40 hours a week. She also sometimes works overtime when her colleagues are sick.

In the 4 weeks prior to Christmas, she worked 39.5 hours, 40 hours, 45 hours, and 40 hours respectively. Her hourly rate is $20.21 per hour. She therefore earned $798.30, $808.40, $959.98, and $808.40 respectively. Overtime is not included in the calculation, so the salary to be considered for the 3rd week is $808.40.

The allowance is therefore calculated as follows:

(798,30 + 808,40 + 808,40 + 808,40) ÷ 20 = $161,18

The employee will therefore receive $161.18 and a day off the following Thursday in accordance with her collective agreement.

Example of a part-time employee

A part-time employee works between 12 and 16 hours a week, depending on the needs of the restaurant.

During the 4 work weeks preceding the holiday, he worked 13 hours, 15.25 hours, 16 hours, and 12 hours. Taking into account his hourly rate of $16 per hour, he earned $208, $244, $256, and $192.

The calculation of his compensation is as follows:

(208 + 244 + 256 + 192) ÷ 20 = $45

The employee will therefore receive an allowance of $45 with his next pay, but will not benefit from an additional day off in accordance with his employer’s choice and as stipulated in his employment contract.

Professional tip

Use time and attendance software to automate holiday pay calculations. This ensures that calculations are always accurate and fair.

For example, with Agendrix, you can create public holidays in your timetable and automate the calculations according to current regional laws. The software does the calculations for you when you create your timesheets, so you can avoid the kinds of errors that tend to creep in during manual calculations.

Better manage special situations

What happens when a holiday falls on a non-business day?

In Quebec, statutory holidays cannot be moved if they fall on a non-working day. However, employers must compensate employees for statutory holidays, even if they fall on a day on which they do not normally work.

For example, Christmas falls on a Saturday. You must therefore offer your employees a day off to compensate them, or pay them an indemnity equal to 1/20 of the wages earned during the 4 full working weeks preceding the holiday.

Can a public holiday be moved to another day?

You cannot move a public holiday to another day. However, you can offer your employees a paid day off if they have to work during the holiday. This leave must be taken at least 3 weeks before the holiday, or at most 3 weeks after (except for June 24).

What are my rights in the case of termination of employment?

If you dismiss an employee, you must still provide a holiday pay for as long as they are deemed to be in your company.

For example, if you dismiss an employee and the employment contract is terminated immediately, you do not have to pay vacation pay. If you terminate your employee’s contract of employment, but the end date is after a public holiday, you will have to pay compensation.

What are the rules for extended leave?

There are three situations in which employees are not entitled to vacation pay:

• When the employee is on extended sick leave
• When the employee is on unpaid leave
• When the employee is on maternity, paternity or parental leave

Need to track employee work hours?

When your employees clock in and out, Agendrix fills out their timesheets automatically.

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